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(영문) 서울중앙지방법원 2015.05.15 2014가합569207
부당이득금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is running franchise business for young children and elementary school students using “D” as business marks.

B. On June 4, 2013, Plaintiff A and Plaintiff B, on September 25, 2013, provided the Plaintiffs with the same image education service using the trade name, trademark, teaching materials, etc. of “E” and provided educational assistance for E-education service. The Plaintiffs entered into a franchise agreement with the Defendant to pay franchise fees, teaching materials, etc. (hereinafter “instant agreement”). The main contents of the instant agreement relating to the instant case are as follows:

(The following is the defendant, and the "franchise contractor" refers to the plaintiffs). Article 3 (Grant of Rights) The franchise trader shall grant to the franchise contractor the following rights as defined below to run the franchise business:

1. Trade name and trademark use right of E private teaching institutes;

2. Right to use E teaching materials;

3. Right to use the system for the management of private teaching institutes and students.

4. Right to be supplied with teaching materials for E private teaching institutes;

5. The right to receive management support and education and support necessary for the management of a private teaching institute. Article 5 (Period of Contract) (1) The term of contract shall be three years from the date of contract;

Article 6 (Termination of Contract) (1) A franchise business operator or a franchise contractor shall notify in writing of the performance or correction thereof within a specified period of at least two weeks in the following cases, and may terminate the contract unless the performance or correction thereof is not made:

1. Article 8 (Franchising Expenses) (1) If a franchise business operator fails to supply teaching materials (including activity areas) agreed upon and provide management support without justifiable grounds, he/she shall pay the franchise fee (20,000,000) as a lump sum payment at the time of entering into a contract, and the interior expenses shall be paid on the date of entering into a real estate contract;

Article 11 (Provision and Management of Education and Data) (1) Franchise business operators shall provide education necessary for the operation of a private teaching institute.

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